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Policy 2.4.2: Legal Proceedings

STATEMENT

CBC/Radio-Canada expects employees to perform their duties within the law. However, CBC/Radio-Canada employees may be sued or prosecuted as a result of acts or omissions committed in the course of their employment. The Corporation recognizes that in some instances the employee may be indemnified.

APPLICATION

All CBC employees, including regular, temporary, casual or contract employees.

DESCRIPTION

Employees may be sued or prosecuted as a result of acts or omissions committed in the course of their employment. In this case, the Corporation recognizes that it has a moral responsibility to indemnify an employee against liability and legal costs that may result when the employee has acted reasonably in the pursuit of their duties. CBC may hold in abeyance its decision whether to indemnify until the legal process has been completed. Each case will be judged on its own merits in light of all the surrounding circumstances.

REFERENCES

RESPONSIBILITY

Law Department

PROCEDURES FOR LEGAL PROCEEDINGS

Request for Indemnification

Employees must request in writing assistance under this policy as soon as practical after receiving notice of a claim or charge against them. The request must include all relevant facts and must be signed and submitted to the employee's supervisor.

The supervisor will consult with the Law Department, which will provide advice as to whether indemnification should be made.

Any indemnification under this policy is conditional upon the employee's co-operating with and abiding by the directions of the Corporation.

The Corporation may defer any decision to indemnify until all proceedings are at an end.

The interest of the CBC and the employee may not be the same, particularly in the case of a criminal prosecution. Therefore, employees may wish to seek independent legal advice.